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Murder suspect again found incompetent

By SAMANTHA COSSICK, @SCossickPO

Updated:
07/03/2013 09:35:05 PM EDT

CHAMBERSBURG - A Hamilton Township man who allegedly attacked and killed his adoptive mother has again been found incompetent to stand trial for the time being and is to receive involuntary treatment so that he may be tried later.

In a court order issued on Friday, York County Senior Judge John C. Uhler, who was brought in for the case, stated that Marcus Leonard Wallace, 42, "is essentially unable to participate and assist in his defense and is presently deemed incompetent to be tried so long as his incapacity continues."

Wallace had been scheduled for a three-week trial to begin June 7 for charges related to the Dec. 10, 2009 incident where he allegedly fatally bludgeoned Consuella "Consi" Wallace, 70, while burglarizing her Hamilton Township home.

He is charged with first- and second-degree murder, burglary, criminal trespass, attempted criminal homicide, aggravated assault and criminal mischief. Franklin County District Attorney Matt Fogal had previously stated he is seeking the death penalty.

Jury selection for Wallace's trial was suspended indefinitely on June 4 after Wallace allegedly raised concerns to his defense counsel of his mental stability and they requested an evaluation.

Wallace was examined by Franklin County Court's independent examiner Dr. Clarence Watson, who had previously examined him. Watson's video evaluation as well as reports and correspondence from Dr. Timothy J. Michaels on June 25, Aug. 5, 2010 and Sept.

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9, 2010 submitted by the Franklin County District Attorney's Office were provided to Uhler.

"The history presented surrounding Mr. Wallace reflects an individual who is college educated, appears to have average IQ and who, by virtue of his study regime of criminal justice, has a significant familiarity with the criminal processes," Uhler wrote. "That said, he further understands the nature of the charge and the consequences."

Watson's report found that Wallace expressed a number of "bizarre and paranoid beliefs" surrounding his case, such as forgery of documents, identity theft of his mother, a former college friend forcing his mother to file criminal charges against him as well an unspecified person potentially bribing the jury or judge to gain access to unconfirmed assets left to Wallace by his father.

In the Aug. 5, 2010 letter, Michaels stated that it is his opinion that Wallace has evidence of a "paranoid personality disorder which is long-standing in duration" and has an "ongoing pattern" to "not trust or have confidence in his legal counsel."

Michaels went on to say that Wallace's behavior is representative of an underlying personality disorder, which psychological testing identified as schizophrenia; however, that testing produced an exaggerated profile.

However, on June 25, Michaels went on to say that the issues brought up by Dr. Watson in his evaluation are "situation in nature and not manifestation of schizophrenic disorder."

"I did find that Mr. Wallace's thinking process was psychotic in nature," Michaels said on June 25. "It is my opinion that Mr. Wallace's concerns that were raised by Dr. Watson were related to the stressors that he faced concerning the criminal charges he is facing."

As a result of the reports, Uhler concluded that Wallace "is not severely mentally disabled," but is incapable or unable to participate in his own defense by assisting his counsel. He further states that incapacity or inability is derived from Wallace's distorted perceptions brought to their attention during jury selection and outlined in Watson's report.

Uhler stated that "involuntary treatment will provide (Wallace) with the capacity to stand trial" and that given Watson's conclusions, not providing treatment led to "Wallace's symptoms and his delusional beliefs and hallucinations will more likely than not become significantly worse."

Uhler directed that a representative from the Department of Public Welfare work with Franklin County Prison to assure that Wallace is placed in a facility capable of providing him the necessary treatment and security. After 60 days, a new follow-up hearing will be held.

Wallace's mental capacity has been called into question several times over the past few years.

On Feb. 22, 2010, public defender Michael Toms requested an evaluation which determined Wallace was not mentally competent . At that time the case was put on hold until further evaluation.

Then, on Jan. 21, 2011, Wallace was deemed mentally competent to stand trial by court-appointed psychiatrist Dr. John Hume. A third evaluation was requested in late November 2011, but that petition was later withdrawn by his defense counsel.

Most recently, Judge Richard Walsh said on Oct. 24 that Wallace "understands the nature and object of these proceedings and is able to participate and assist in his defense," thus he is competent to stand trial, court records state.
Samantha Cossick can be reached at scossick@publicopinionnews.com and 262-4762.

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